Law > Summary > Occupiers Liability Problem Question Answer (All)

Occupiers Liability Problem Question Answer

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1. Constitutions: establish governmental structure, specific rights and duties (supreme) Statutes: enacted by legislative body to regulate conduct Common law (case law) is made and applied by judges ... at the state level as judges decide cases according to the doctrine of precedent or stare decisis Ordinance: made by subunits of state governments (e.g., counties, cities) for local issues Executive Order: issued by the U.S. President or a state governor under limited powers 2. Stare decisis is doctrine of precedent or (let the decision stand) related to common law 3. Federal supremacy: a rule of priority for conflicts between laws stating that the U.S. Constitution is the supreme law – Supremacy Clause, Article VI, Section 2, of the U.S. Constitution (The Supremacy Clause of the Constitution of the United States, establishes that the Constitution, federal laws made pursuant to it, and treaties made under its authority, constitute the “supreme Law of the Land”, and thus take priority over any conflicting state laws.) 4. Criminal law establishes duties to society Civil law establishes duties and obligations between private parties Substantive law establishes rights and duties of people in society Procedural law establishes how to enforce those rights and duties Public law refers to the relationship between governments and private parties Private law refers to the regulation of conduct between private parties 5. Legal positivism: law is the command of a recognized political authority (Just or unjust, law must be obeyed) Natural law: universal moral rules bind all people whether written or unwritten 6. • Peacekeeping •Checking government power and promoting personal freedom •Facilitating planning and the realization of reasonable expectations •Promoting economic growth through free competition •Promoting social justice •Protecting the environment 7. Standing direct interest in the outcome to sue Chapter 2: 8. General jurisdicti [Show More]

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